1994 P Cr (PLP)

SALAHUDDIN MIRZA, J.

As per F.I.R. recorded at the instance of complainant Riazuddin Shah, S.H.O. of Police Station "B" section Latifabad, Hyderabad, on 25-10-1989 at 22-30 hours (Crime No.86/89), the complainant left police station for patrolling on 25-10-1989 at about 21-30 hours vide entry No.30 of Roznamcha. Apart from the driver of the vehicle, there were five policemen with him. Another vehicle containing personnel of rangers was ahead of the police vehicle. The complainant saw that five persons were trying to hide themselves and were "trying" to run away. They were challenged but four of them managed to jump into Bungalow No.25 by sealing the compound wall but one person could not make it and fell down and was caught, Muhammad and Haji, Chowkidars of bungalows Nos.25 and 26 respectively, were available and with their cooperation the police party and the rangers searched the entire bungalow No.25 but the four persons just appeared to have vanished and could not be found. The person apprehended by the police gave his name as Javed Maseeh son of Lal Maseeh resident of House No.414, Christian Colony, Unit No. 10, Latifabad. An unlicensed mauser pistol with empty magazine was recovered from his person and, as a result, a case under section 13-E, Arms Ordinance was registered against him. At 21-40 hours the same day, 50 minutes before lodging the report in Crime No.86/89, another complaint was recorded at the same police station as Crime No.85/89. Here the complainant is Younus, Chowkidar at WAPDA Hospital, Unit No.9, Latifabad, and according to him, Medical Store of the hospital was being guarded night and day on the instructions of the Medical Superintendent because in the night between 22nd and 23rd October, 1989, an attempt had been made to break open its door, that on 25th at about 21-00 hours three armed persons, who were not known to him, entered the hospital and proceeded towards Medical Store. He (Chowkidar Younus) caught one of them whereupon the other two tried to free him. Eventually, persuaded by the shouts of patients of Ladies' Ward and Children Ward who entered him to let go the apprehended person lest the culprits should harm him, he let go the said person but nevertheless followed them and saw that a hospital sweeper Javed Maseeh, having a pistol in his hand, joined the trio and he was seen by Dr. Ghulam Sarwar Baloch and Nurse Shahnaz Sunder. According to Younus, Chowkidar, the Police and Rangers saw the four persons as they came out of the hospital and challenged them whereupon they crossed the wall of the bungalow of Mr. Nizamani. Police and Rangers arrested Javed Maseeh and recovered pistol from him while the police was still busy searching the other three.

2. Contentions raised in this bail application are that the applicant, a sweeper in WAPDA Hospital, was on duty from 14-00 hours to 22-00 hours and was arrested from hospital at the instance of Chowkidar Younus who was on inimical terms with him and that mauser pistol had been foisted upon him.

3. It is interesting to note that applicant is considered an accused even in Crime No. 85/89 registered under section 457, P.P.C. He is admittedly an employee of the hospital and his presence in the hospital'"' premises was lawful. He was just seen going out of the hospital premises. How an offence under section 457, P.P.C. could be made out against him is not clear.

4. Without commenting upon the merits of the case, we would say that in our view the circumstances of the case, specially the recovery of empty magazine from the chamber of the mauser, do make out a case for bail and we E would, therefore, order that the applicant be released on bail on furnishing one surety in the sum of Rs. 50,000 to the satisfaction of Additional Registrar of this Court with P.R. bond in the like amount. N.H.Q./J-174/K????????????????????????????????????????????????????????????????????????????????????????????? Bail granted